In the State of Florida--Is there a time limit to collect back child support? This is about 30 4o 40 years old.

Asked almost 3 years ago - Jacksonville, FL

I know where the father is. I have the divorce decree stating child support to be paid and a skimpy payment record. My email is bone44@att.net

Attorney answers (3)

  1. Daniel J. Rose

    Contributor Level 15

    Answered . So you waited 30-40 years to enforce, it? I believe it would be safe to say the Statute of Limitations has expired.

    Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not... more
  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . There are several issues here. One is whether waiting 30-40 years to enforce a support order would be barred by the Doctrine of Laches. There is no statute of limitations relating to support but something similar, Laches, may prevent enforcement.

    And, here is the other question: who is entitled to enforce the support order. The "children" are adults. Some cases hold that the right to enforce a support order for a minor is that of the child once the child reaches their majority. IF your child was disabled with a permanent disability, then the guardian may be able to go forward.

    Any determination as to whether too much time has passed will be based upon the particular facts and circumstances. Was an effort made to find the father? If so, was it cursory or was a real effort made? Did the father change his name? Hide? Or, in a place where he could have been found if a dedicated effort was made, such as in the military or in jail? How many times did you attempt to locate him? And so forth.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of... more
  3. Lucreita D. Becude

    Contributor Level 14

    Answered . If diligent effort was made to locate this father and you can show proof, then it is possible that the court will go after him.

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